The defense of former president Jair Bolsonaro presented a new request for house arrest to the Federal Supreme Court (STF) this Wednesday afternoon (31).
The new request was forwarded to Supreme Court Minister Alexandre de Moraes, who will analyze the documents.
In the new request, defense lawyers claim that the former president’s health conditions could be worsened by complying with the closed regime. Therefore, they request the replacement of prison with home rule.
“The patient’s stay in a prison, as soon as he is discharged from hospital, would put him at a real risk of sudden worsening of his health, which is not supported by the principles of human dignity, the humanity of punishment and the fundamental right to health”, details the request.
Elsewhere, the defense claims that “criminal execution cannot — and should not — become an instrument of undue exposure of the prisoner to relevant and avoidable medical risks”.
The defense also cited the house arrest that was granted to former president Fernando Collor de Mello. “At that time, relevant comorbidities were proven, including severe sleep apnea with mandatory use of CPAP, added to advanced age and the need for continuous medical treatment”, says the text, in reference to former president Collor.
Possibility of discharge
In a press conference on Wednesday afternoon, doctors confirmed that the former president’s discharge forecast is maintained for this Thursday (1st). After discharge, Bolsonaro must return to the Federal Police Superintendence, where he has been detained since November after conviction.
Since Christmas Eve, Jair Bolsonaro has been admitted to the DF Star Hospital, in Brasília. He underwent recent surgery to correct a bilateral inguinal hernia and to try to contain persistent bouts of hiccups.
Jair Bolsonaro is currently serving a sentence of 27 years and 3 months in prison following his conviction for coordinating a coup plot.
The defense also cited the house arrest that was granted to former president Fernando Collor “even though he was sentenced to serve a sentence in an initial closed regime.”
Third order
This is the third similar request in just over a month. Previous orders (in November 22 and December 19) were denied by minister Alexandre de Moraes, who cited the risk of escape and the guarantee that the former president already has full access to medical care in prison.
However, the petition filed on the last day of the year says that this is a new circumstance, duly proven by medical documents.
The former president’s lawyer, Paulo Cunha Bueno, reported the health risks faced by his client, based on a medical report that he reports having had access to. In social media postit lists the possible risks of worsening the current condition if adequate care is not provided.
“Considering the patient’s age and the known and documented comorbidities, we emphasize that failure to adopt the related measures or the worsening of the clinical conditions described, may cause the risk of incidence of serious complications, including bronchoaspiration pneumonia and respiratory failure, stroke, risk of falling with multiple traumas, especially traumatic brain injury, worsening of renal failure due to dehydration or uncontrolled hypertension, hypertensive crises, risk of functional decline and other unpredictable conditions, associated with the others. reported comorbidities”, he published.
